1) A person drove while impaired by either alcohol and/or drugs. California Vehicle Code section 23152(a). Or,

2) A person drove with a blood alcohol concentration (BAC) of 0.08% or higher. California Vehicle Code section 23152(b).

Many people make the mistake of taking their DUI charges too lightly because they fail to realize the seriousness of the legal and personal consequences they face if they are convicted and/or may believe that an attorney cannot help them. This is simply untrue. A DUI conviction can result in the loss of one's freedom, reputation, driver's license, and much more. The monetary costs associated with a DUI conviction can also be enormous including not only substantial court fines and fees, but alcohol program fees, DMV fees, costs of installing and maintaining an Ignition Interlock Device, time off of work, and the substantial increase in insurance costs for years to come. Having a DUI on one's record could also prevent a person from obtaining certain kinds of employment or could cost them their existing job. For these reasons alone a person should never make light of their DUI charges, or choose to represent themselves. Los Angeles DUI attorney Debra S. White knows that a skilled DUI defense lawyer can make a world of difference in a client’s case even despite overwhelming odds. Her prior case successes are proof of that fact.

California DMV Driver’s License Suspensions

As soon as you are arrested for a DUI, your driver’s license will be immediately confiscated by law enforcement officials. At this time, you will be issued a temporary permit that is good for 30 days. The only way to keep your driving privileges after the 30 day period is to schedule a hearing with the California Department of Motor Vehicles (DMV). You have ten days from the date of your arrest to schedule this DMV hearing, called an Administrative Per Se (APS) hearing. Failure to do so will result in the automatic suspension of your driver’s license for up to four months for a first DUI offender, or up to one year or longer if you refused to take a chemical test or have prior DUI convictions within 10 years.

At the DMV hearing, a representative from the DMV will act as both the judge and the prosecutor in order to determine whether you are guilty of drunk driving. The DMV representative examines any data, information, or evidence gathered by law enforcement surrounding your arrest. At this time, you and your attorney will also have the opportunity to present witnesses and evidence in your defense. After the representative has evaluated all the facts, testimony, and evidence, he/she she will make a ruling to either sustain the suspension on your driving privileges, or have them reinstated, called a “set-aside” of the license suspension.

DMV Suspension Notice:
You have only 10 days from the date of your arrest to request a DMV hearing or you will automatically lose your license.

California DUI Penalties | Court and DMV

If you have been convicted of DUI in Los Angeles county, the consequences you suffer will depend on a number of factors. The statutory mandatory consequences you face if convicted of DUI are as follows:

1st Offense

(No prior DUI or Wet Reckless Convictions)
• Probation: 3-5 years
• Jail: 0-6 months
• Fines: $390-$1,000 (plus penalty assessments and court fees)
• Driver’s License Suspension/Revocation: 4-10 months
• Alcohol Program: 3-9 months
• Increase in the cost of car insurance
• Installation of the Ignition Interlock Device (IID)

2nd Offense

3rd Offense

4th Offense

Additional Penalties

If you have been arrested on DUI charges, it is important to hire an experienced DUI defense attorney to represent you at the DMV hearing, as well as in criminal court. Many individuals make the mistake of representing themselves. This is NEVER advisable. Without the assistance of a skilled Los Angeles DUI attorney, you are putting your driving privileges in jeopardy and substantially decreasing your chances of success. Los Angeles and Van Nuys DUI lawyer Debra S. White is extensively experienced at fighting DUI charges in all Los Angeles courts, and works closely with the Los Angeles DUI and Van Nuys DUI attorneys who prosecute these offenses.

Breathalyzer Tests

If you are pulled over on suspicion of drunk driving, the law enforcement officer may ask you to take a breathalyzer test. Breathalyzer machines are used to measure a person’s blood alcohol content (BAC). Law enforcement is looking to see if your BAC exceeds the legal limit of .08%. If you blow over the legal limit, than you will be arrested and booked on charges of driving under the influence. Under the California Implied Consent Law, every driver is required to take a chemical test to determine BAC at the request of a law enforcement officer.

Drivers have the option of choosing either a breathalyzer test or a blood test. If drugs are suspected to be in the driver’s system, he/she may be required to take a blood or urine test. Refusing to take a chemical test altogether is a violation of the law, and will result in immediate suspension of your driver’s license for up to one year, in addition to other penalties.

Many DUI attorneys and experts believe that breathalyzer machines are not entirely accurate, and that error can occur easily. There are a variety of factors for why breathalyzer machines are inconsistent and not always accurate. These factors include radio frequency interference, calibration errors, human errors, the driver’s weight, gender, age, body temperature, level of fitness, and the cellular composition of his/her blood.

Despite common inaccuracies and error, law enforcement officers are rely on breathalyzer machines as their primary test to determine blood alcohol content. The results of the breathalyzer test are used as evidence against the defendant in both criminal court and the DMV hearing. Experienced Los Angeles and Van Nuys DUI lawyer Debra S. White can challenge the reliability of these machines, and argue the validity of their results.

Field Sobriety Tests (FST’s)

When a person is pulled over on suspicion of driving under the influence, they may be required to perform one or more field sobriety test. Field Sobriety Tests were created to help law enforcement officers judge the sobriety of a driver by challenging their physical agility and mind-body coordination. There are a number of field sobriety tests an officer can ask a driver to perform, including:

• Horizontal Gaze Nystagmus Test (HGN)
• Walk and Turn Test
• One Leg Test
• Finger to Nose Test
• Hand Pat Test
• Finger Count Test
• Counting Backwards
• Alphabet Recitation
• Rhomberg Test

DUI lawyers and experts agree that field sobriety tests are subjective, inaccurate, and designed for failure. In fact, most law enforcement officers don’t even know how to properly administer the test. Furthermore, these tests are based on subjective observation, and there are many innocent reasons why people may not be able to pass these tests, such as:

• Fatigue
• Nervousness
• Intimidation
• Injuries
• Weather
• Traffic distractions
• Weight
• Age
• Natural Coordination
• Clarity of officer’s instructions

Most people don’t realize that field sobriety tests are optional. If you are asked to perform a field sobriety test, you may politely decline without facing legal repercussions. This is highly advisable since the officer will use the test as evidence against you in court and at the DMV hearing. You do not want to give the officer any evidence to use against you, especially when the tests are usually inaccurate and based on subjective opinion.

How To Find The Right Los Angeles DUI Attorney

Hiring the right Los Angeles DUI lawyer will make all the difference in the outcome of your case. With the advent of the internet it is difficult to assess between those DUI lawyers who are genuinely experienced and skilled at defending against DUI, and those who are just internet marketers who know how to draw you in but who lack quality, or who pass off your case to a less experienced attorney to handle. For this reason, it is best to make sure that you know the DUI lawyer who will represent you before hiring them.

Know The Lawyer You Hire

Ms. White recommends that when you take the following steps to ensure that you hire the right Los Angeles DUI defense lawyer:

1. When you contact a lawyer’s office, be careful of any legal advice from a non-lawyer.

2. Ask for a consultation from the lawyer who will take the case before retaining their services. Most DUI attorneys offer free initial consultations.

3. Meet with the attorney you intend to hire in person.

4. Make sure that the lawyer you hire is the same person who will actually represent you and not an associate you have never met.

5. Do your homework. Research the attorney. Are they are legally licensed to practice law in California? The State Bar of California will tell you if there has been any disciplinary action against the attorney.

6. Check for any reviews about the attorney. What do others have to say about this attorney? Beware of fake testimonials and Internet marketing!

7. Interview the attorney. How long have they been defending against DUI in Los Angeles? Where did they go to law school? What is their experience in handling these types of cases? Do they have any DUI trial experience? What is their success rate? Are they available to take your case personally? Will someone else work on the case? What can you expect from them if they take the case?

8. Is it better to hire an attorney who is a former prosecutor? It is a misconception that former prosecutors make better defense attorneys. An experienced DUI defense attorney usually has more experience dealing with prosecutors and Judges in more courthouses than a former prosecutor who usually works in one office and one courthouse or courtroom. Moreover, attorneys who become prosecutors are usually pro-prosecution, and not defense-minded. When a prosecutor decides to "switch sides" are they doing it because they are true defenders who want to fight for the rights of the accused? It is our belief that the best DUI attorneys have not only extensive legal knowledge, experience, and skill that is required to effectively and successfully represent a defendant accused of DUI, but are people who are truly compassionate about helping their clients and zealously defending their rights.

The lawyer you hire does make a difference.

Contact Ms. White today for a free initial confidential consultation at 818-609-1800. We are available to take your call 24/7.